Plan to Change the Procedures for Assigning Co-pending Trademark Applications to Examining Attorneys
Posted by J Matthew Buchanan at March 20, 2006 03:17 PM
Plan to Change the Procedures for Assigning Co-pending Trademark Applications to Examining Attorneys March 17, 2006 To simplify and improve the process of assigning co-pending applications to a single examining attorney, the Office is modifying the First Action System for Trademarks (FAST), to identify and assign co-pending applications electronically. The changes will create a rolling system whereby the same examining attorney will usually handle all applications filed by the same applicant during a certain window of time. The new system will be implemented in April 2006. The term “co-pending applications” refers to pending applications filed by the same applicant. If an applicant has multiple pending applications, the issues in the applications may be similar. For example, common issues may arise because the applications have the same or similar identifications of goods, the same or similar marks, or the same or similar specimens of use. Unless an error in the handling of a particular application exists, the Office’s goal is to treat applications filed by the same applicant that present similar issues consistently. The best method of ensuring consistency in the examination of applications filed by the same applicant is to have the same examining attorney review such applications. However, if an applicant files a large number of co-pending applications, it may not be practicable for the Office to assign all of the applications to a single examining attorney. The policy regarding conflicting applications, namely, two or more pending applications that are filed by different applicants and may ultimately require a refusal of registration under §2(d) of the Trademark Act, has not changed. See TMEP §702.03(b).
The new system for assigning co-pending applications attempts to balance the sometimes-conflicting goals of ensuring consistency and processing applications in a timely manner. The following is a summary of the new procedures:
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